Appeal from the Order of the Court of Common Pleas of Delaware County in case of John Hanlon, parent and natural guardian of Mary Ann Hanlon and Carol Hanlon, minors; Frank T. Mace, parent and natural guardian of Frank Mace, Michael Mace and Theresa Mace, minors; and Joan A. Connors, parent and natural guardian of Patrick J. Connors and Brian F. Connors, minors, v. Garnet Valley School District, No. 9766 of 1973.
Joseph W. Kauffman, with him Cramp, D'Iorio, McConchie & Surrick, for appellant.
Francis P. Connors, with him Lewis-Connors-Swanick, for appellees.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Crumlish, Jr. President Judge Bowman dissents.
[ 15 Pa. Commw. Page 477]
The directors of Garnet Valley School District in Pennsylvania refused to provide transportation of the minor plaintiffs to the schools which they attended in the State of Delaware under Section 1361 of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 13-1361. In a complaint in equity
[ 15 Pa. Commw. Page 478]
the plaintiffs sought to: (1) enjoin the defendant school district from refusing to provide free transportation for the minor plaintiffs; and (2) to compel the defendant school district to reimburse the parents of the minor plaintiffs for monies already expended for the transportation of their children to school. Preliminary objections were filed, defendant claiming that plaintiffs had a full and adequate remedy at law in mandamus. The court en banc overruled the objections. Hearings on the merits of the injunction were held and in a very able opinion, Judge Edward Lawhorne granted the preliminary injunction. Exceptions from the decree nisi were taken and dismissed. This appeal followed.
We adopt the well reasoned but as yet unreported opinion of Judge Lawhorne which states:
"1. Plaintiff John Hanlon is the parent and natural guardian of Mary Ann Hanlon and Carol Hanlon, minors; all of said plaintiffs reside at Scott Road, Concord Township, Delaware County, Pennsylvania.
"2. Plaintiff Frank T. Mace is the parent and natural guardian of Frank Mace, Michael Mace and Theresa Mace, minors; all of said plaintiffs reside at 126 Woodrose Lane, Concord Township, Delaware County, Pennsylvania.
"3. Plaintiff Joan A. Connors is the parent and natural guardian of Patrick J. Connors and Brian F. Connors, minors; all of said plaintiffs reside at 133 S. Ivy Lane, Concord Township, Delaware County, Pennsylvania.
"4. Defendant Garnet Valley School District is a school district created under the laws of the Commonwealth of Pennsylvania, with its principal office located at Bethel and Smithbridge Roads, Concord Township, Delaware County, Pennsylvania; said ...